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April 2008
HR Helpline callers ask about . . . preventing workplace violence
 
Pam Holleman, our HR Information Manager, shares some of your recent questions on the subject of preventing and responding to workplace violence: 
  • What are some steps I can follow as an employer to set up a
    process to prevent workplace violence and theft?

  • What are some behaviors I should watch for regarding potential
    workplace violence?   
    Read Pam's answers -
                                                Don't miss our April workplace violence seminar!      

 
Immigration Update: Social Security No-Match Rules Are Still Murky

Last August, the U.S. Department of Homeland Security (DHS) finalized its rules advising employers how to handle the receipt of the often confusing “Social Security No-Match Letters.” Under the rules, employers could follow a detailed, step-by-step, verification procedure that would entitle the employer to a “safe harbor” defense to any claims made by DHS that the employer possessed “constructive knowledge” that the employee was unauthorized to work in the United States. These new rules were highly relevant because where an
employer has “actual” or “constructive knowledge” that the employee is unauthorized to work in the U.S., the employer and certain managers may be liable for civil and/or criminal penalties if the employer continues to allow the employee to work.
 

Caution: Increased Penalties for Immigration Violations

Effective March 27, the Department of Homeland Security increased penalties levied on employers for various employment-related immigration violations by approximately 25% in order to keep up with rising inflation. Some examples of the new penalties are as follows:

  • first violation for knowing employment of an unauthorized alien, $375 (previously $275)
  • first violation maximum penalty, $3,200 (previously $2,200)
  • multiple violations maximum penalty, $16,000 (previously $11,000)
                                                      Read more from Fisher & Phillips LLP -
 
 
In the courts - 
Employee Benefits Update
from Jeff Risch, Wessels & Pautch, PC
 
RELIEF FOR EMPLOYERS OFFERING RETIREE HEALTH BENEFITS

With the ever-increasing cost of health insurance, it has become less and less common for employers to offer coverage to employees after they retire.  The employers that do offer and maintain health insurance coverage to retirees have not had the benefit of clear guidance as to whether they can reduce the level of coverage offered once retiree participants become eligible for Medicare.  While some employers nevertheless proceeded in implementing Medicare carve-out plans, which coordinate benefits to supplement Medicare, they were vulnerable to allegations of age discrimination made by retiree participants.

The Equal Employment Opportunity Commission (EEOC) issued proposed regulations approximately four years ago in response to the decision of the Third Circuit Court of Appeals in Erie County Retirees Association v. County of Erie.  In its decision, the Third Circuit had determined that the Age Discrimination in Employment Act (ADEA) required that health benefits offered to all retiree participants had to be the same, or cost employers the same, for all retiree participants regardless of eligibility for Medicare.  For once, organized labor, employer groups and health care plan sponsors were all in agreement that complying with the ruling of the Third Circuit would force employers and unions to reduce or eliminate retiree health benefits.    continued -

 
US Department of Commerce to hold National Summit on America's Competitiveness in Chicago
 
The 2008 National Summit on American Competitiveness will convene the nation’s premier leaders of business, government and academia to discuss steps the public and private sectors can take to secure America’s position as the most competitive economy in the 21st century and beyond. The Illinois Chamber, Chicagoland Chamber, IMA and IRMA encourage you to join host Carlos M. Gutierrez, US Secretary of Commerce, in Chicago on May 22. For more information, go to www.americancompetitiveness.com
 
 
Did You Know?
  • Searching for a way to reward your employees? 61.6% of organizations reported giving bonuses.  
  • Flu season has hit hard this year.  On average, non-exempt employees receive 7.1 sick days a year.
  • Sharpen your #2 pencils. Tuition reimbursements were offered by 85.8%
    of survey participants.
  • 73.2% of companies reported offering some form of childcare assistance. The most common type of assistance was a flexible spending account.

Information is from Compensation Data 2007- Illinois.  To order, or for more information, contact Compdata Surveys at 1-800-300-9570 or online at www.compdatasurveys.com.


Have you tried our new online HR training yet?
 
The Illinois Chamber now offers online, on-demand HR compliance training! We have made arrangements with emTRAiN, the leading provider of online, on-demand human resources compliance training, to provide you with an affordable, accessible way to train your supervisors and managers consistently on key HR topics.
 
Chamber members receive 20% off for such outstanding courses as
  • Preventing Harassment in the Workplace
  • EEO/Preventing Discrimination
  • Lawful Terminations
  • Fostering Diversity
  • Disability Discrimination
For more information: 
 
 
Thursday, May 15
2008 Illinois Chamber Healthcare Conference

Challenges | Reforms | Innovations
 
for the
 
- Chicago Marriott Downtown -
presenting sponsor: UnitedHealthcare
 
 
 
Other Illinois Chamber of Commerce HR Seminars
  
Supervisor Training: Managing a 21st Century Workforce

Thurs Apr 10 in Collinsville
8:30 am - 4:30 pm
$249 members, $299 non-members
learn more and register
 
Immigration Law
Seminar
 
 
Tues Apr 15 in Willowbrook
Wed Apr 16 in Chicago
Thurs Apr 17 in Collinsville 
8:30 am - 1:00 pm
 
Workplace Violence Seminar
 
Tues Apr 22 - Chicago
11:30 am - 1:30 pm

 
 

HR HELPLINE
1.800.322.4722
8:30 - 5 CST, M - F 
 
pholleman@ilchamber.org 
 
 

 
SAFETY HELPLINE
1.888.90SAFETY
8:00 - 5:00 CST, M - F
 
safetyhelpline@osgsafety.com 
 
 
 
 

 
Are your employment law practices and
mandatory posters current?
Rely on the Illinois Chamber
to help you stay up to date and
in compliance! 
 
 Call 866.817.7865 or go to
 
In no event shall the Illinois Chamber of Commerce and its related, affiliated and subsidiary companies, be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of its business services or products including helplines. For our full disclaimer, go to www.ilchamber.org.
 
 Illinois Chamber of Commerce © 2008
Deb McCarver, Editor  | Pam Holleman, HR Information Manager  | Gloria Guy, VP Business Services